Is it Possible to Disinherit a Child in New Jersey?

Every adult in New Jersey should have a comprehensive estate plan in place. For parents, making plans for children—even if those children are now adults—is a key part of the estate planning process. Children are presumptively heirs in New Jersey. With that being said, you do have the right to disinherit a child. Within this article, our New Jersey estate planning lawyer explains the most important points to know about disinheriting a child in New Jersey

Know the Law: You Can Disinherit Children in New Jersey

 First and foremost, it is important to clarify that you absolutely have the right to disinherit a child in New Jersey. As a competent adult, you have control over your own estate. You are not required by law to leave property/assets to your kids. You could opt to disinherit all children, a specific child, or you could leave property to your kids in an uneven manner.

Note: If you are married and your spouse does not want to disinherit a child, it is far more complicated because they have a say in what happens to jointly held property. An estate planning lawyer can help you navigate that type of complex situation.

 Disputes May Arise (Your Estate Plan Must Clearly Disinherit Natural Heir) 

To effectively disinherit a child in New Jersey, your estate plan must clearly and unambiguously state this intention. Disputes can and do arise when a person—specifically a child—is disinheriting in a will. Given the heightened risk of disputes in these cases, any ambiguities in the wording can lead to major problems. It could drag the estate through prolonged probate processes. Precision is a must. If you are going to take the big step of disinheriting a child in New Jersey, make sure that the language is clear. You do not have to provide a reason why a child is being disinherited—but you need to make it absolutely clear that you are doing so. It is also generally best to communicate this fact to them ahead of time.

Disinheriting a Child is a Major Step—Make Sure it is the Right One for Your Situation 

Disinheriting a child is a significant decision that can have lasting effects on family dynamics and personal relationships. Before taking this step, it is always best to consider the broader implications it might have on your family. You have the right to control your own estate. An attorney can help you put the right plan in place to protect yourself, your family, and to achieve your true goals.

 Speak to Our New Jersey Estate Planning Attorney Today

At Poulos LoPiccolo PC, our New Jersey estate planning lawyer is standing by, ready to help you put the right plan in place for your goals. Have questions about disinheritance? We are more than ready to help. Contact our legal team today for a completely confidential, no obligation initial case evaluation. Our firm provides estate planning services throughout New Jersey.